ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276. (217) 782-2829

James R. Thompson Center, 100 West Randolph, Suite 11-300, Chicago, IL 60601 • (312) 814-6026

PAT QUINN, GOVERNOR

217/785-4140

217/782-9143 (TDD)

August 9,2011

Ms. Cheryl A. Newton, Director

Office ofthe Air and Radiation Division

U.S. Environmental Protection Agency, Region V (R18J)

77 West Jackson Boulevard

Chicago, Illinois 60604-3507

RECEIVED

AUG 11 2011

AIR ENFORCEMENT BRANCH

U.S. EPA REGION 5

Re: T1}e State ofIllinois' 110(a) SIP Requirements for the 2006 NAAQS for PM2.5

Dear Ms. Newton:

I am writing to confirm that the State ofIllinois continues to retain the resources necessary to

evaluate ambient air quality, develop plans to attain new and existing ambient air quality

standards, meet the applicable requirements ofthe new source review program, and effectively

enforce all applicable requirements. Specifically, the Illinois Environmental Protection Agency

("Illinois EPA") has the authority and resources to implement and satisfactorily complete the

requirements listed below as set forth in Section 110 ofthe Clean Air Act ("CAA") for the

current National Ambient Air Quality Standards ("NAAQS"). Specifically, the Illinois EPA

meets the current applicable requirements of Section 110 ofthe CAA for the 2006 revision for

the 24-hour PM 2.5 NAAQS.

The State Implementation Plan ("SIP") elements listed below are required under

Section 11O(a)(l) and (2). Section 11O(a)(l) provides the procedural and timing requirements for

SIPs. Section 110(a)(2) lists the basic or "infrastructure" elements that all SIPs must contain.

Emission limits and other control measures: Section 11 0(a)(2)(A) requires SIPs to include

enforceable emission limitations and other control measures, means or techniques, as well as

schedules for compliance, as appropriate to meet the applicable requirements ofthe CAA.

The Illinois EPA continues to monitor and implement needed revisions to its SIP. The Illinois

Environmental Protection Act ("Act") provides the Illinois EPA with the authority to develop

rules and regulations necessary to meet ambient air quality standards. 415 ILCS 5/4. The Act

also created the Illinois Pollution Control Board ("Board") and grants the Board the authority to

develop rules and regulations necessary to promote the purposes ofthe Act, and furthermore, that

are required by law, that are otherwise part ofthe State's attainment plan and are necessary to

attain the NAAQS, or that are necessary to comply with the requirements ofthe federal CAA.

415 ILCS 5/10.

Rockford. 4302 N. Main St., Rockford, IL 61103 • (815) 987-7760

Elgin. 595 S. State, Elgin, IL 60123. (847) 608-3131

Bureau of Land - Peoria. 7620 N. University St., Peoria, IL 61614. (309) 693-5462

Collinsville .,2009 Mall Street, Collinsville, IL 62234. (618) 346-5120

Des Plaines. 9511 W. Harrison St., Des Plaines, IL 60016. (847) 294-4000

Peoria. 5415 N. University St., Peoria, IL 61614. (309) 693-5463

Champaign. 2125 S. First St., Champaign, IL 61820. (217) 278-5800

Marion. 2309 W. Main St., Suite 116, Marion, IL 62959. (618) 993-7200

PrinlCd on Recycled Paper
Ambient air quality monitoring data system: Section 110(a)(2)(B) requires SIPs to provide for

the establishment and operation of ambient air quality monitors, and procedures necessary to

monitor, compile and analyze ambient air quality data.

In accordance with its SIP, the Illinois EPA continues to operate an extensive monitoring

network incorporating more than 200 monitors that track the measurements of a variety of

pollutants and air toxic compounds throughout the State. The Illinois EPA publishes an annual

repmi, most recently the Illinois Annual Air Quality Report 2009, that describes the monitoring

network and summarizes the measurements for the year. The Illinois EPA also prepares and

publishes for public comment its plans for the coming year. USEPA provides approval ofthe

plan in advance of each calendar year. All reports and data are routinely shared with the USEPA

or readily available to the USEPA upon request. The 2012 Illinois Air Monitoring Network Plan

is available on the Illinois EPA's website: http://www.epa.state.il.us/air/monitoringlillinoisambient-air-monitoring-network-plan-2012.pdf.

Program for enforcement of control measures: Section llO(a)(2)(C) requires States to include

a program providing for the enforcement of all SIP measures and the regulation of construction

of new or modified stationary sources to meet prevention ofsignificant deterioration ("PSD")

and nonattainment New Source Review ("NSR") requirements.

The Illinois EPA continues to staff and implement a vigorous enforcement program that includes

the Compliance Section and Division ofLegal ofCounsel. Section 4 ofthe Act provides the

Director with the authority to implement and administer this program. 415 ILCS 5/4. In

Illinois, enforcement actions are brought by the Office ofthe Illinois Attorney General or local

States' Attorney offices, with whom the Illinois EPA consults. Illinois enforces all terms of our

PSD and nonattainment NSR construction and operating permits.

Interstate transport: Section llO(a)(2)(D) requires SIPs to include provisions preventing any

source or other type of emissions activity in one state from contributing significantly to

nonattainment, or interfering with maintenance, ofthe NAAQS in another state, or from

interfering with measures required to prevent significant deterioration of air quality or to protect

visibility in another state.

On August 8, 2011, USEPA adopted a final Federal Implementation Plan addressing the majority

ofinterstate transport in Illinois and 26 other States for the purposes ofthe 2006 fine particulate

matter NAAQS. 76 Fed. Reg. 48208. In addition, the Illinois EPA has adopted and

implemented two major programs related to the interstate transport of pollution. Title 35 ofthe

Illinois Administrative Code Part 225, Control ofEmissions from Large Combustion Sources,

sets forth provisions pertaining to the control ofmercury emissions from coal-fired electric

generating units ("Illinois Mercury Rule"). 35 Ill. Adm. Code Part 225. In particular, the Illinois

Mercury Rule contains a multi-pollutant standard to reduce NOx and S02 emissions from coalfired electric generating units. These provisions, which will result in reductions of S02, NOx

and Hg beyond federal requirements, will significantly reduce the interstate transport of

pollutants from sources in Illinois. Moreover, the State ofIllinois has good working

relationships with the States ofMissouri, Indiana and Wisconsin as part ofthe continuing effort

to achieve compliance in Illinois' multi-state non-attainment areas. Further, Illinois has finalized

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and submitted a SIP revision to address the visibility protection requirements of Section 169A of

the CAA for Federal Class I areas, including provisions to apply Best Available Retrofit

Technology ("BART") to subject emission units. Together, these regulations and cooperative

agreements amply address Congressional and USEPA concerns over the interstate transport of

emissions ofregulated pollutants.

Adequate resources: Section 11 0(a)(2)(E) requires states to provide for adequate personnel,

funding, and legal authority under state law to carry out its SIP, and related obligations.

On July 12,2011 Governor Quinn signed into law Public Act 097-0095/House Bill 1297 (the full

text can be found at: http://www.ilga.gov/legislation/publicacts/97/097-0095.htm). The revisions

to the Act increases operating permit fees in Illinois and provides additional funding for the

Clean Air Act Permit fund. Including the revisions to the Act, State appropriations provide

$61.1 million of appropriations for the Illinois EPA Bureau ofAir programs and 292 full time

equivalent staffing positions. (see:

www.ilga.gov/legislation/96/HBIPDF/09600HB0859sam003.pdf). In combination with the

funding provided by the Illinois EPA's Performance Partnership ("PPG") Agreement with

USEPA, Illinois has the resources to carry out the required air programs. The Act provides the

Director, in conjunction with the Board, with the legal authority to develop rules and regulations

necessary to meet ambient air quality standards and respond to any EPA findings ofinadequacy

with the Illinois SIP program. 415 ILCS 5/4 and 10. The Board may also enact regulations that

are required by law, that are otherwise part ofthe State's attainment plan and are necessary to

attain the national ambient air quality standards, or that are necessary to comply with the

requirements ofthe federal CAA. 415 ILCS 5/1 O.

Stationary source monitoring system: Section IIO(a)(2)(F) requires states to establish a system

to monitor emissions from stationary sources and to submit periodic emissions reports.

The Act gives the Illinois EPA and the Board the authority to require regulated sources to install

and operate monitoring equipment, to perform emissions testing, and to submit emission reports,

dependent on applicable requirements and the type of permit issued to the source, to the Bureau

ofAir for review. All reasonable efforts are made to maximize the effectiveness of available

resources to review the required reports.

Emergency power: Section 11 0(a)(2)(G) requires states to provide for authority to address

activities causing imminent and substantial endangerment to public health, including

contingency plans to implement the emergency episode provisions in their SIPs.

Section 34 ofthe Act allows the Illinois EPA to declare alerts upon a finding that episode or

emergency conditions exist. 415 ILCS 5/34. Further, Section 43(a) ofthe Act authorizes the

Illinois EPA to request a State's Attorney ofthe Office ofIllinois Attorney General to seek

immediate injunctive reliefin circumstances ofsubstantial danger to the environment or to the

public health of persons. 415 ILCS 5/43(a). Thus, the Illinois EPA has the necessary authority

to address activities causing imminent and substantial endangerment to public health, as required

by Section 110(a)(2)(G). Since 2006, there have been no monitored 24-hour PM2.5

concentrations above 140 ug/m3

, the level above which air quality is deemed to be unhealthy.

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Future SIP revisions: Section 11O(a)(2)(H) requires states to have the authority to revise their

SIPs in response to changes in the NAAQS, availability ofimproved methods for attaining the

NAAQS, or in response to a USEPA finding that the SIP is substantially inadequate.

The Act provides the Director, in conjunction with the Board, with the authority to develop rules

and regulations necessary to meet ambient air quality standards and respond to any USEPA

findings ofinadequacy with the Illinois SIP program. 415 ILCS 5/4 and 10.

Consultation with government officials: Section 110(a)(2)(J) requires states to provide a

process for consultation with local governments and Federal Land Managers carrying out

NAAQS implementation requirements pursuant to Section 121 relating to consultation.

The Illinois EPA is required to give notice to the Office ofthe Attorney General and the Illinois

Department ofNatural Resources during the rulemaking process. The Illinois EPA provides

notice to both entities during every rulemaking and includes each as a stakeholder during

outreaQh. The Illinois EPA further provides notice to reasonably anticipated stakeholders and

interested parties. The Illinois EPA also gives notice to the Federal Land Manager ("FLM") if

the rulemaking applies to Federal land which the FLM has authority over. Finally, the Illinois

EPA consults with the States ofIndiana, Wisconsin, Michigan, Minnesota, and Ohio and USEPA

through its membership in the Lake Michigan Air Directors' Consortium ("LADCO"), and

consults with the State ofMissouri through a process established in a Memorandum of

Agreement ("MOA").

Public notification: Section 11O(a)(2)(J) further requires States to notify the public ifNAAQS

are exceeded in an area and to enhance public awareness ofmeasures that can be taken to

prevent exceedances.

The Illinois EPA and the Cook County Department ofEnvironmental Control routinely monitor

air quality throughout the state and notify the public when unhealthful air quality is measured or

forecasted. The Illinois EPA provides air quality data to USEPA's AIRNOW program, and also

provides the daily air quality index ("AQI") to the media. In addition, the Illinois EPA provides

the AQI to local stakeholder groups, Partners for Clean Air in Chicago and the Clean Air

Partnership in S1. Louis, who post the information on-line. Through these collaborative efforts,

the Illinois EPA and the Cook County Department ofEnvironmental Control provides

information to the public on measures that can be taken to prevent exceedances and this

information is also posted on the Illinois EPA's website.

PSD and visibility protection: Section I 10(a)(2)(J) also requires States to meet applicable

requirements of Part C related to prevention ofsignificant deterioration and visibility protection.

The Illinois EPA is addressing both the long term requirements to meet natural visibility levels

by 2064 and the ongoing review of new major sources and major modifications under Illinois'

approved PSD new source review program. The Illinois EPA submitted its regional haze SIP,

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, ,

including provisions to implement Best Available Retrofit Technology ("BART"), on June 24,

2011.

Air quality modeling data: Section 11 0(a)(2)(K) requires that SIPs provide for performing air

quality modeling for predicting effects on air quality of emissions for any NAAQS pollutant and

submission ofsuch data to USEPA upon request.

The Illinois EPA maintains a capability to perform modeling ofthe air quality impacts of

emissions of all criteria pollutants, including the capability to use complex photochemical grid

models. The Illinois EPA performs modeling in support ofthe SIP for all nonattainment areas in

the State. The Illinois EPA also requires air quality modeling in support of permitting the

construction ofmajor and some minor new sources tmder the PSD program. These modeling

studies are thoroughly documented and are available to the USEPA and the public upon request.

Furthermore, the Illinois EPA participates in multi-state regional modeling efforts, including

participation and providing funding for LADCO. LADCO conducts regional modeling that is

utilized for statewide planning purposes.

Permitting fees: Section 11O(a)(2)(L) requires SIPs to require each major stationary source to

pay pennitting fees to cover the cost ofreviewing, approving, implementing and enforcing a

permit.

The Illinois EPA continues to implement the approved Title V operating permit program as set

forth in Section 39.5 ofthe Act, and that includes requiring major sources to pay permit fees.

415 ILCS 5/39.5. The Illinois EPA also requires fees from applicants of potential new or

modified sources in the form of construction permit application fees.

Consultation/participation by affected local entities: Section 11O(a)(2)(M) requires States to

provide for consultation and participation in SIP development by local political subdivisions

affected by the SIP.

The Illinois EPA follows approved procedures for allowing public participation, consistent with

35 Ill. Adm. Code Part 164, Procedures for Informational and Quasi-Legislative Public Hearings,

and 35 Ill. Adm. Code Part 252, Public Participation in the Air Pollution Control Permit

Program. Part 252 is an approved portion of Illinois' SIP.

Based on the information provided in these discussions, I believe that the Illinois EPA meets or

exceeds all ofthe necessary CAA Section 110 infrastructure needs, enabling us to continue to

satisfy those requirements ofthe CAA. Ifthere are any questions, please feel free to contact Rob

Kaleel (217-524-4343), or myself.

Sincerely,

~o{~~ Laurel L. Kroack

Chief, Bureau of Air

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